Bachelor of Laws - Main Campus

Permanent URI for this collection

https://scholar.ucu.ac.ug/handle/20.500.12311/57

Browse

Now showing 1 - 20 of 81

An Analysis of the Role of the National Social Security Fund Act Towards the Attainment of Social Security in Uganda
(Uganda Christian University, 2024-07-30) Derrick John Orishaba
Social security plays a vital role in promoting economic stability, reducing poverty, and ensuring the well-being of citizens, particularly in developing countries like Uganda. This research explores the effectiveness of the National Social Security Fund (NSSF) Act in enhancing social security in Uganda. The study adopts a mixed-methods approach, incorporating qualitative and quantitative techniques to analyze the legal, institutional, and socio-economic dimensions of social security provision under the NSSF Act. Drawing on an extensive literature review and empirical data collection, including interviews, surveys, and document analysis, the research examines the coverage, accessibility, adequacy, efficiency, and effectiveness of social security provisions under the NSSF Act. Additionally, the study investigates the socio-economic, cultural, and institutional factors that influence the implementation and outcomes of the NSSF Act, as well as the challenges and opportunities for reform. The findings of this research are expected to provide valuable insights for policymakers, practitioners, and stakeholders in the social security sector, informing evidence-based policy formulation, program design, and advocacy efforts aimed at strengthening social protection systems in Uganda. Ultimately, this research contributes to the broader discourse on social security enhancement and socio-economic development in Uganda and other similar contexts.
A Critical Analysis of the Human Assisted Reproductive Technology Bill, 2023
(Uganda Christian University, 2024-06-23) Maria Mirembe Aliba
This study is about Assisted Reproductive Technology, a cure for both primary and secondary infertility. Uganda has no law that provides for ART however a bill was brought by Hon.Sarah Opendi to provide got a legal framework for ART. The author in this thesis, critically anayzed the Human Assisted Reproductive Technology Bill, 2023 from a human rights perspective.
An Analysis of the Domestic Implementation of Environmental Impact Assessment Within Uganda’s Environmental Regulatory Frame Work
(Uganda Christian University, 2024-07-01) Hillary Fimarubo
This study looks at how Uganda's environmental regulatory structure uses Environmental Impact Assessments (EIAs) on a domestic level. An essential instrument for evaluating and controlling the possible effects that planned development projects may have on the environment and society is the environmental impact assessment. This report seeks to assess the EIA process's problems and efficacy in Uganda, pinpoint any implementation gaps, and remedies. First of all, An overview of the environmental regulations in Uganda and the significance of Environmental Impact Assessments. What an environmental impact assessment is and its goals. An overview of Uganda's pertinent environmental impact assessment laws, policies, and institutional regulation frame work. An explanation of the main government agencies in charge of directing and carrying out the EIA procedure. Suggestions for Improvement: Plans to reinforce Uganda's environmental regulatory framework's internal EIA implementation increasing technical capability by sharing of knowledge and training supplying sufficient funds and resources to ensure successful execution strengthening compliance monitoring and enforcement systems. enhancing stakeholder interaction and public involvement. In summary, an overview of the analysis's main conclusions and suggestions is provided. Effective EIA implementation is crucial for Uganda's sustainable development. Demand more investigation and ongoing enhancements to the EIA procedure.
Scrutinizing the Legal Consequences of Enforcing Data Privacy Protection Mechanisms as a Means of Enforcing the Competition Act, 2023
(Uganda Christian University, 2024-06-21) Henry Raymond Kalungi
This dissertation examines the potential legal consequences of using data privacy protection mechanisms for competition law enforcement in Uganda. While both data privacy and competition law aim to create a fair and efficient marketplace, their goals and tools often diverge. This work analyzes the potential benefits and drawbacks of this approach, exploring the legal implications of enforcing the Competition act with the aid of personal data protection mechanisms. It examines relevant case law and legal frameworks to assess the viability and potential conflicts of personal data protection and privacy as a tool to enforce the Competition act,2023.
The Efficacy of Constitutions Birthed in the Midst of Post Armed Conflict Peace Processes: A Case Study of the South Sudan Permanent Constitution Making Process
(Uganda Christian University, 2024-05-21) Lui David Duku
The purpose of the study was to conduct a critical analysis of the South Sudan Permanent Constitution Making Process which commenced after the signing of the 2018 peace agreement. The study aimed at assessing whether the South Sudan Permanent Constitution Making Process conforms with the required standards of Constitution Making. The findings of the study were that the South Sudan Permanent Constitution Making Process has so many factors influencing it that could limit it from meeting the required standards of constitution making These factors include political influence to override the will of the people at the privilege of political interests, the time factor occasioned by a delay in implementing key tasks in the South Sudan Permanent Constitution Making Process among others. The study therefore concludes that the South Sudan Permanent Constitution Making Process should be subjected to a constitutional referendum both during the settlement of the contentious provisions at the making process and at the adoption stage. The study also recommends for a clear, transparent and proper procedure of selecting delegates to the National Constitutional Conference. This will protect the will of the people thus conforming with the ideal standard of constitution making.
The Eficacy of the National Sports Act, 2023
(Uganda Christian University, 2024-06-18) Joshua Baluku
The much-anticipated National Sports Bill was signed into law on August 17, 2023, marking a watershed moment in Uganda's sports sector. This act, currently known as the National Sports Act 2023, repealed the National Council of Sports Act, Chapter 48. Given that the repealed law was enacted in 1964, it was undoubtedly designed for a different era when sports were treated solely as a leisure activity, which explains why it was unable to address pressing issues such as betting, match fixing, sports disputes, broadcasting, image rights, merchandising, agents and doping that had emerged over time as a result of sports professionalization. A strong legal framework is essential in the sports business due to the global rise of amateur, professional and commercial sports. It is critical to understand how the legal system continues to influence the daily decisions of sports management, coaches, educators, athletes, and others, as well as how it affects the sports industry as a whole. Liability concerns are widespread among the stakeholders involved in sports stadium design, workforce management, and exercise equipment installation. The sports sector has grown into a significant contributor to the world economy. This has increased the stakes for all parties involved, making many issues—such as broadcasting rights and conflict resolution mechanisms—unavoidable. Athletes' careers have been on the verge of extinction in various circumstances due to a number of issues, such as inadvertent actions by the respective sport federation or doping cases that have effectively ended the athlete's career. Because it is an activity that brings nations together, it is critical to keep sports-related issues off the court. Understanding legal issues and the legal system is critical for any successful individual or business, regardless of size. Sport law is taught by reading and assessing reported cases that have been tried in court.
An Analysis of the Efficacy of Labour Laws on the Gig Economy in Uganda
(Uganda Christian University, 2024-06-18) Maria Adronah Batuusa
This study is on the efficacy of the labour law in the gig economy in Uganda. The study raised and addressed a few issues namely: whether the legal and regulatory framework on employment/labour have succeeded in protecting the gig economy in Uganda; whether there are any challenges hindering the effective implementation of the labour regulation in protecting the gig workers in Uganda and any measures available to protect the rights of workers in the gig economy. Given the interdisciplinary nature of the labour laws and gig economy, the researcher employed a qualitative method of study. Despite the growth and influence of platform work in Uganda, labour regulation, laws and policies continue to lag. Gig workers continue to face challenges which among others include issues of job security, no employment benefits or compensation, uncertain income stability, lack of social protection such as a safety net, and potential exploitation of workers among other. The specifics of these standards may vary depending on the sector and nature of work. This research notes that as the gig economy continues to evolve, there is a need for the government and relevant authorities to introduce specific regulations or guidelines to address the unique challenges of gig work and the platform workers within it.
A Comparative Study of the Efficacy of the Alternative Dispute Resolution Mechanisms in Uganda
(Uganda Christian University, 2024-06-12) Patience Kwagala
The study focuses on the ADR mechanisms and their efficacy in Uganda, taking into account the many techniques of conflict resolution, development, and evolution in Uganda, including traditional strategies of resolving disputes, that have led to the resuscitation of ADR, as well as its benefits and challenges. The study also examines the various types of ADR that can be used by parties and the government to resolve disputes. Chapter One of my research will look at the proposal entailing the most significant writers that stood out for me during my research. The many forms of alternative dispute resolution, such as negotiation, mediation, conciliation, and arbitration, will be covered in Chapter Two of this study along with the benefits and drawbacks of ADR in Uganda. It will also cover the main points of my research, which is to demonstrate that arbitration is the most effective alternative dispute mechanism in Uganda for resolving conflicts. Additionally, I will compare arbitration to all other dispute resolution techniques, such as negotiation, mediation, and conciliation, and demonstrate its superiority over these approaches. The non-legal features of Adr, such as the ATS, will be covered in Chapter Three of this study along with their global, regional, and, finally, Ugandan contexts. The legal aspects of alternative dispute resolution in Uganda, as well as those worldwide and some relevant case law, will be examined in Chapter Four of this study. Chapter Five will conclude with an examination of my conclusions and suggestions for enhancing Uganda's ADR processes.
The Impact of COVID-19 on the Teachers’ Right to Work in Uganda: A Case Study on Private Primary School Teachers in Mukono District
(Uganda Christian University, 2024-06-12) Rachael Precious Asiimwe
This research is under taken to examine the impact of COVID-19 on the teacher’s worker rights in Uganda, and specifically private teachers. This was a catastrophe that befell the whole world at around the end of 2019, during a point in time when no one had anticipated it, COVID-19 came quietly like ‘a thief in the night’ and made sure to destroy ‘everything in its way.’
Navigating Unprecedented Challenges: Assessing the Impact of COVID-19 on the Judicial System of Uganda
(Uganda Christian University, 2024-06-12) Vanessa Bamwine
The COVID-19 pandemic has posed unprecedented challenges to legal systems worldwide, and Uganda's judicial system has not been immune to its far-reaching effects. This dissertation investigates the multifaceted impact of the pandemic on Uganda's judiciary, aiming to provide a comprehensive understanding of the disruptions, adaptations, and implications for access to justice and the rule of law. This study examines the pandemic's repercussions on various facets of the judicial system through a mixed-methods approach, including qualitative interviews, surveys, and case studies. It explores the operational disruptions experienced by Ugandan courts, including closures, delays in legal proceedings, and the adoption of virtual hearings. Additionally, it analyses the challenges faced by judicial actors, such as judges, lawyers, and litigants, in navigating the evolving landscape of legal practice amidst public health restrictions and resource constraints.
An Evaluation of the Effects of Plea Bargaining in Promotion of Criminal Justice in Uganda: Push and Pull Factors
(Uganda Christian University, 2024-06-11) Adongo Odette Taremwa
This study examines the effects of plea bargaining on the promotion of criminal justice in Uganda, employing a desktop review methodology. Through this analysis, it was found that plea bargaining promotes efficiency within the criminal justice system, fostering trust between citizens and the state, it significantly reduces case backlog, thus enhancing overall system efficiency and resource allocation, it also addresses prison congestion and reduces the time spent in prison, among others. However, amidst these benefits, several drawbacks were identified. Plea bargaining can lead to pressure to plead and condemnation of the innocent, while also violating the human rights of the accused. Furthermore, it grants excessive discretion and power to prosecutors and may inadvertently contribute to increased crime rates. Finally, while proponents argue for the merits of plea bargaining, it is essential to acknowledge and address the negative ramifications it poses to the accused, victims, and the public at large.
The Legal Framework Regulating Illicit Human Organ Transplant and Donation in Uganda
(Uganda Christian University, 2024-06-11) Mackleen Grace Nyangoma
The study aimed at assessing the existing legal framework regulating illicit human organ transplant and donation in Uganda. The study objectives were: to ascertain the rationale behind the illicit human organ trafficking/ harvesting and transplant donation, to assess the impact of Illicit human organ harvesting/ trafficking on victims and their relatives, to discover the impact of the national legislations Uganda Human Organ Donation and Transplant Act in minimising illicit human organ harvesting and transplant, and to identify the gaps in the existing legal framework regulating human organ transplant and donation. The study employed a descriptive research design with majorly qualitative aspect. The study was majorly desktop research. Data was analysed qualitatively. The stud findings revealed that adequate legislation, ethical frameworks, regulatory oversight and governance are essential for the legal and ethical practice of tissue and organ procurement for transplants in order to meet the needs of recipients, protect donors and ensuring the dignity of everyone involved in the process. Uganda has legal framework regulating illicit human organ transplant and donations, mainly the Uganda Human Organ and Transplant Act, 2022; and the Declaration of Istanbul on Organ Trafficking and Transplant Tourism, 2008. It is revealed that the existing legal framework has helped to minimize on the human organ trafficking and regulating the transplant tourism. It also regulates the conduct of donation and transplant activities, with the establishment of the Uganda Organ and Transplant Council to oversee organ and cell donation as well as transplantation of organs. In Uganda, having designated Mulago National Referral Hospital as transplant centre, the national programs donation and transplantation of organs, cells and tissues is not consolidated. Indeed, these programs gad generally inadequate infrastructures, lack of technical expertise, including competent human resources, insufficient institutional support, and technology. Furthermore, the lack of public education, awareness and motivation for organ donation in Uganda especially barriers of cultural, religious and social traditions create barriers limiting access to donation and transplantation services. The study recommended that organ trafficking and transplant tourism violate the principles of equity, justice and respect for human dignity, and should be prohibited; and areas of further research were suggested.
An Analysis of the Impact That Medical Malpractice Has on the Right to Health
(Uganda Christian University, 2024-06-07) Jamilah Nankwanga
This paper examines the intricate relationship between medical malpractice and the fundamental right to health. It delves into the various dimensions of medical malpractice, encompassing errors in diagnosis, treatment, and surgical procedures, and analyses their ramifications on individuals' access to quality healthcare services. By drawing upon legal frameworks, ethical considerations, and empirical evidence, this study elucidates how instances of medical malpractice can undermine patients' rights to timely, effective, and safe healthcare. Furthermore, it explores the broader societal implications, including diminished trust in healthcare systems, increased healthcare costs, and disparities in healthcare access. Through a comprehensive examination of case studies, policy interventions, and international perspectives, this paper seeks to inform stakeholders and policymakers about the multifaceted impact of medical malpractice on the realization of the right to health, ultimately advocating for reforms aimed at enhancing patient safety and promoting equitable healthcare delivery.
Assessing the Enforcement of Sexual Harassment Policies in Learning Institutions in Uganda. Challenges, Progress and Recommendations
(Uganda Christian University, 2024-06-06) Isabella Adong
Sexual Harassment is defined as behaviour characterized by the making of unwelcome and inappropriate sexual remarks or physical advances in a workplace or other professional or social situation. Sexual Harassment is a pervasive problem in education that affects both the learning Institution's integrity as well as students’ confidence who fall victim to it. Sexual Harassment is, however, a small section of a broader term called sexual violence. This research looks at the different laws that expressly provide for sexual harassment: international laws, domestic laws, and learning institutional policies. This dissertation looks at the various challenges facing the enforcement of these sexual harassment policies in learning institutions in Uganda, as well as the various things adopted to improve the enforcement of these policies. This dissertation employs various methodology which include use of questionnaire and assessing literature. I will also critique various existing literature on sexual harassment enforcement.
An Analysis of the Effectiveness of the Legal Framework on Access to Justice by Children in Juvenile Detention in Uganda
(Uganda Christian University, 2024-06-06) Deborah Watum Ajok
This study analyses the effectiveness of the legal framework on access to justice by children in juvenile detention in Uganda. It offers a background into the system and practice of juvenile detention, showing its history and development both internationally and within Uganda. It looks at the legal regime governing juvenile detention and the wider system within which children are protected. The primary laws analysed in Uganda include the Constitution, The Children’s Act as amended and all the related laws thereunder. It further looks at the international and regional instruments signed for the protection of children and for the treatment of prisoners both adult and juvenile. In order to determine the effectiveness of all the above in access to justice by children in detention, the socio-cultural framework of the country is analysed and the gaps in the enforcement of the laws are mentioned. The challenges to the access of justice of children are seen to be both legal and social, and the solutions entail a repair on both sides. The research recommends that specific laws codifying the treatment of children in juvenile detention be the priority, and a mechanism of controlling the discretion which officers exercise in juvenile matters be developed.
Exploring the Stringency of Legal Framework and Determining Tests for Contract of Service on the Evolving Employment Systems in Uganda
(Uganda Christian University, 2024-06-06) Hail Hilda Komuhendo
The study is focused on exploring the stringency of the legal framework and determining tests for contract of service on the evolving employment systems in Uganda. This is prompted by the urgency of the need for labour protection with the increased workers and usage of the evolving employment systems; the gig economy, digital platforms and more globalised means. The study adopted a doctrinal legal research methodology where there was an analysis of legal principles, journals and textbooks. The study found out that workers under the evolved employment systems are estranged from employment protection. From the findings, it is recommended that the Ugandan legal framework incharge of employment protection should create bodies and reforms to regulate and protect those under the evolving employment systems.
Subrogation and Confiscatory Premiums. An Examination of the Contractual Right to Subrogation and Whether Anti-subrogation Statutes Should Be Enacted in Uganda
(Uganda Christian University, 2024-05-29) Patricia Kyakuhaire
This dissertation presents the results of the research study on subrogation and confiscatory premiums in Uganda. This study is aimed at analyzing the contractual right to subrogation and whether anti-subrogation statutes should be enacted in the country. The study is majorly founded on insurance law which is contract based. Insurance is a contract under which one party known as the insurer in exchange for a premium, agrees with another party known as the policy holder to make a payment, or provide a benefit to the policy holder or another person on the occurrence of a specified uncertain event which if it occurs, will be adverse to the interests of the policy holder or to the interests of a person who will receive the payment or benefit , as elaborated in the case of Prudential Insurance Company V Commissioners of Inland Revenue . Insurance like any other contract involves two parties that include the insured who pays premium and passes on the risk to the insurer who is usually the insurance company. The general principle is that once a peril occurs that is insured, the insured must be fully indemnified before the insurer can subrogate , and this right is only enjoyed by the insurer. Subrogation is a substitution of one person for another, so that the same rights and duties which were attached to the original are attached to that third party . However, subrogation moves in handy with payment of premiums which are usually non-refundable. Confiscatory premiums are those premiums taken by an authority of law compulsorily as long as one agrees to enter an insurance contract. Insurance contracts are non-profit making contracts but this rule seemingly applies to the insured and not the insurance company (insurer), and this makes it an unfair concept. This research therefore intends to analyze the impact of confiscatory premiums on the insured and insurer. It will also point out some recommendations that will improve on the knowledge gap in insurance law. Some of these recommendations include promoting equality and equity. Others are sensitization of masses, enactment of new laws and amendment of some of the existing laws that seem to be bent to one side, in relation to subrogation in Insurance in Uganda.
The Effectiveness of Laws and Policies on Domestic Violence Regarding Men
(Uganda Christian University, 2024-06-10) Karungi Irene Kemigisa
This paper discusses the effectiveness of the laws and policies on domestic violence regarding men. There is an increase of reported cases of domestic violence by male victims to the various organizations with authority to handle the matters like the police stations, and non-governmental organizations among others. The thesis further discusses the various laws both national and international on domestic violence regarding men as well as the national policies and the legal institutions that uphold the laws and policies. The paper also discusses the causes, effects of domestic violence, the limitations of why men remain in those violent relationships, summaries and recommendation.
A Critical Analysis of Why Female Employees That Are Subjected to Sexual Harassment Do Not Come Out to Report Such Cases
(Uganda Christian University, 2024-06-10) Resty Nazziwa
The workplace is meant to be conducive without vices like sexual harassment. Even when employees are sexually harassed, they are expected to come out and make complaints against their employers as different laws, that is to say, Criminal, Civil, International, and regional Instruments all provide for a remedy to the aggrieved employees. However, in reality, despite the existence of laws that protect them against sexual harassment, female employees end up remaining silent and not coming out to make complaints against such employers. This research is hence to be beneficial in a way that it is going to identify different reasons as to why female employees remain silent even when they are sexually harassed and as well come up with recommendations on how to make them speak out. Among the reasons why female employees do not report sexual harassment cases are delays in awarding remedies to the victims that come out to report, the fear of consequences that come with reporting, and the high burden placed on the victim in proving the sexual harassment among others. To overcome this problem, therefore, there is a need for the government through the parliament to amend the Penal Code Act to criminalize sexual harassment. Because Criminal law comes up to punish the convict, with many of them being punished, many female employees will get the guts to come out to report with a view that the convicts will be punished. Female employees who are subjected to sexual harassment should accept that the act is evil and they should in case they have some evidence keep it thoroughly. This will enable them to easily prove such cases and as a result, the employers found guilty will be penalized. This will give guts to many employees to come up and complain in case they are sexually harassed at their places of work as they will have a belief that remedying them will be possible.
An Analysis on the Barriers to Health Care Access in Uganda
(Uganda Christian University, 2024-06-10) Bridget Kobusinge
This study is about analyzing the barriers to healthcare access in Uganda and it was guided by four objectives namely; To analyze the international, regional and national legal and policy framework on the on the right to access health care services in Uganda, To assess the financial barriers that hinder healthcare access, To evaluate the infrastructure and resource gaps in healthcare facilities, To identify the challenges in the implementation of constitutional provisions on the right to access health care services in Uganda. Analyzing the barriers to healthcare access in Uganda is crucial for understanding the challenges faced by individuals in obtaining medical services. The abstract would delve into factors such as limited healthcare infrastructure, inadequate healthcare funding, shortage of healthcare professionals, and lack of awareness about healthcare services. By examining these barriers, we can identify potential solutions to improve healthcare access and delivery in Uganda

Browse

Recent Submissions